Anshuman Pratap Singh, Amity University Lucknow Campus
Ms. Juhi Saxena, Amity University Lucknow Campus
Introduction
The death penalty has long been a contentious issue, sparking debates and discussions worldwide. It has been widely used as a form of punishment throughout history, but in recent years, there has been a notable shift in attitudes and practices towards capital punishment. While some countries have abolished the death penalty entirely, others have limited its use and turned to alternative punishments such as long-term imprisonment. This paper aims to analyze and compare the emerging trends in the death penalty and its execution in India and the United States. # II. Historical Overview of Death Penalty in India and the United States The historical context of the death penalty in India and the United States provides a deeper understanding of the legal, social, and cultural factors that have shaped the attitudes and practices towards capital punishment in both countries. In India, the roots of the death penalty can be traced back to ancient times, with references to capital punishment in religious texts and ancient legal codes. The British colonial rule significantly influenced the development of the death penalty in India, and it was retained in the Indian Penal Code after independence in 1947. Over the years, there have been significant debates and legal challenges regarding the constitutionality and application of the death penalty in India. In contrast, the United States has a complex history with the death penalty, marked by periods of strong support and criticism. The colonial era saw the establishment of the death penalty, and its practice varied among different states. The 1972 Supreme Court decision in Furman v. Georgia briefly suspended the death penalty, only for it to be reinstated with new guidelines. Since then, the United States has grappled with issues of racial disparities, wrongful convictions, and the methods of execution.
